The bill being on its final passage--

Mr. PITKIN said he had heretofore stated that he had some objections

to the bill, which he had intended to have stated to the House when

the bill was capable of amendment, but that he had not an opportunity

so to do. I have stated, said Mr. P., that it was probable there would

be some difficulty between Orleans, when it becomes a State, and the

United States, respecting the extent of the State westward. I stated

that the United States, in consequence of the purchase of Louisiana

with the same extent that it had when Spain and France possessed it,

had claimed the territory as far as the river called Rio Bravo; that

the negotiations on this subject between the Governments of the United

States and Spain were probably unknown to many members of the House,

and that it required a pretty accurate knowledge of them, of the extent

of the claim, and of the geography of the country, to understand

precisely what I meant. I stated that there was an extent of country

between a meridional line passing through Nacogdoches and Rio Bravo,

of four or five hundred miles in width, which the United States had

claimed as being their property. In the negotiations between the two

countries, the United States offered to cede all the country between

the Rio Bravo and the Colorado running east of it to Spain, on the

condition that Spain would cede to the United States all the territory

west of the Perdido. This proposition was rejected. Our Commissioners

were instructed to assert our title as far as the Rio Bravo, or at

least to the Bay of St. Bernard. It is so stated by the President of

the United States in the introduction to the compilation of the land

laws, in which he states that we unquestionably have a right to the

country as far west as the sources of the rivers which fall into the

Mississippi, to the sources of the Red River, Arkansas, and Missouri;

that with respect to the territory immediately bounding on the Gulf

of Mexico, we have claims to the "province of Texas," which it is well

known is a very large province. By the bill before us, according to

this construction, jurisdiction is extended over this very province;

and it may be, and in fact will be, in the power of the State of

Orleans to say that our limits extend so far, and therefore to extend

their jurisdiction in like manner. In my apprehension, therefore,

it is important, while we are making this Territory a State, where

the boundaries are disputed, to retain in our own hands the power of

settling them. It is known that, by the law which passed providing for

the government of the Territory of Orleans, we had liberty to alter the

boundary before we made them a State, but not after. Will it not be in

the power of the new State to insist on their right to jurisdiction

over the territory, at least as far west as the Colorado, and to

prevent the United States from ceding any part of it? For instance,

sir, the United States may wish, as we have taken Florida as far as the

Perdido, subject to future negotiation, to make this arrangement: to

cede to Spain a certain proportion west for East Florida. Now, sir, I

ask when we have made this country a State if we can do this? I believe

it will be said by every person that we cannot, after she becomes

a State, alter the boundaries without her consent. I do apprehend,

therefore, there will be difficulties on the subject hereafter, if

the United States should attempt to settle the boundary in a manner

disagreeable to the State; because, if they cannot extend their

jurisdiction west of a meridional line passing through Nacogdoches, the

territory will be in extent east and west but about one hundred miles,

and north and south about one hundred and twenty, and this will make

them comparatively a small State.

As the United States have settled a provisional line, to wit: a

meridional line through Nacogdoches, it should not be in the power of

the new State to extend its jurisdiction beyond that line. Provision

might be made in this way: The western boundary might be made to

conform to the provisional line; and a provision might then be made

that there should be reserved to the United States the privilege

of adding to it whatever land it should acquire westwardly. Such a

provision would leave us at liberty to settle the limits without the

interference of that State, and without, I apprehend, much difficulty.

This was done in relation to the State of Ohio. Unless the right had

been reserved, the consent of the State would have been necessary to

a cession, or other alteration of its boundary. Such a course in this

case will be perfectly safe for the United States, as well as for the

new State. I wish we may so regulate the Territory as there may not

in future be any collision between the State and the United States.

The province of Texas is in the viceroyalty of New Spain. We know that

the Viceroy sent his troops to oppose the passage of our troops, and a

provisional line was established. New Spain is very powerful, and I

should be very sorry that the new State should have power to embroil

the United States with it. I would ask the chairman of the committee

who reported this bill, what were his views respecting the western

boundary, and how far it was his idea that the new State should extend,

and whether it would not comport with his ideas that the change which

I have suggested should be made? I could have wished that the bill was

in such a state of its progress that I could have moved an amendment;

but, as it is, unless I am satisfied that we shall not be involved in

difficulty by the consequences I have stated, I shall be unwilling to

pass the bill, and must vote against it.

Mr. QUINCY.--Mr. Speaker, I address you, sir, with an anxiety and

distress of mind with me wholly unprecedented. The friends of this bill

seem to consider it as the exercise of a common power; as an ordinary

affair; a mere municipal regulation which they expect to see pass

without other questions than those concerning details. But, sir, the

principle of this bill materially affects the liberties and rights of

the whole people of the United States. To me, it appears that it would

justify a revolution in this country; and that, in no great length of

time, may produce it. When I see the zeal and perseverance with which

this bill has been urged along its Parliamentary path, when I know the

local interests and associated projects, which combine to promote its

success, all opposition to it seems manifestly unavailing. I am almost

tempted to leave, without a struggle, my country to its fate. But, sir,

while there is life, there is hope. So long as the fatal shaft has not

yet sped, if Heaven so will it, the bow may be broken, and the vigor of

the mischief-meditating arm withered. If there be a man in this house,

or nation, who cherishes the constitution under which we are assembled,

as the chief stay of his hope, as the light which is destined to

gladden his own day, and to soften even the gloom of the grave, by the

prospect it sheds over his children, I fall not behind him in such

sentiments. I will yield to no man in attachment to this constitution,

in veneration for the sages who laid its foundations, in devotion to

those principles which form its cement and constitute its proportions.

What, then, must be my feelings; what ought to be the feelings of a man

cherishing such sentiments, when he sees an act contemplated which lays

ruin at the root of all these hopes? When he sees a principle of action

about to be usurped, before the operation of which the bands of this

constitution are no more than flax before the fire, or stubble before

the whirlwind? When this bill passes, such an act is done, and such a

principle usurped.

Mr. Speaker, there is a great rule of human conduct, which he who

honestly observes cannot err widely from the path of his sought duty.

It is, to be very scrupulous concerning the principles you select

as the test of your rights and obligations; to be very faithful in

noticing the result of their application; and to be very fearless in

tracing and exposing their immediate effects and distant consequences.

Under the sanction of this rule of conduct, I am compelled to declare

it as my deliberate opinion, that, if this bill passes, the bonds of

this Union are virtually dissolved; that the States which compose it

are free from their moral obligations, and that, as it will be the

right of all, so it will be the duty of some, to prepare definitely for

a separation--amicably if they can, violently if they must.

Mr. QUINCY was here called to order by Mr. POINDEXTER.

Mr. QUINCY repeated, and justified the remark he had made, which, to

save all misapprehension, he committed to writing, in the following

words: "If this bill passes, it is my deliberate opinion that it is

virtually a dissolution of this Union; that it will free the States

from their moral obligation, and, as it will be the right of all, so

it will be the duty of some, definitely to prepare for a separation,

amicably if they can, violently if they must."

After some little confusion,

Mr. POINDEXTER required the decision of the Speaker whether it was

consistent with the propriety of debate, to use such an expression. He

said it was radically wrong for any member to use arguments going to

dissolve the Government, and tumble this body itself to dust and ashes.

It would be found, from the gentleman's statement of his language, that

he had declared the right of any portion of the people to separate----

Mr. QUINCY wished the Speaker to decide, for if the gentleman was

permitted to debate the question, he should lose one-half of his speech.

The SPEAKER decided that great latitude in debate was generally

allowed; and that, by way of argument against a bill, the first part

of the gentleman's observations was admissible; but the latter member

of the sentence, viz.: "That it would be the duty of some States to

prepare for a separation, amicably if they can, violently if they

must," was contrary to the order of debate.

Mr. QUINCY appealed from his decision, and required the yeas and nays

on the appeal.

The question was stated thus: "Is the decision of the SPEAKER correct?"

And decided--53 yeas; 56 nays.

So the decision of the speaker was reversed; Mr. QUINCY'S observations

were declared to be in order; and he proceeded.

I rejoice, Mr. Speaker, at the result of this appeal. Not from any

personal consideration, but from the respect paid to the essential

rights of the people, in one of their representatives. When I spoke

of a separation of the States as resulting from the violation of

the constitution, contemplated in this bill, I spoke of it as of a

necessity, deeply to be deprecated; but as resulting from causes so

certain and obvious, as to be absolutely inevitable when the effect of

the principle is practically experienced. It is to preserve, to guard

the constitution of my country, that I denounce this attempt. I would

rouse the attention of gentlemen from the apathy with which they seem

beset. These observations are not made in a corner; there is no low

intrigue; no secret machinations. I am on the people's own ground--to

them I appeal, concerning their own rights, their own liberties, their

own intent in adopting this constitution. The voice I have uttered, at

which gentlemen startle with such agitation, is no unfriendly voice. I

intended it as a voice of warning. By this people, and by the event, if

this bill passes, I am willing to be judged, whether it be not a voice

of wisdom.

The bill, which is now proposed to be passed, has this assumed

principle for its basis--that the three branches of this National

Government, without recurrence to conventions of the people, in the

States, or to the Legislatures of the States, are authorized to admit

new partners to a share of the political power, in countries out of

the original limits of the United States. Now, this assumed principle

I maintain to be altogether without any sanction in the constitution.

I declare it to be a manifest and atrocious usurpation of power; of a

nature, dissolving, according to undeniable principles of moral law,

the obligations of our national compact; and leading to all the awful

consequences which flow from such a state of things.

Concerning this assumed principle, which is the basis of this bill,

this is the general position on which I rest my argument--that if the

authority, now proposed to be exercised, be delegated to the three

branches of the Government, by virtue of the constitution, it results

either from its general nature, or from its particular provisions.

I shall consider distinctly both these sources, in relation to this

pretended power.

Touching the general nature of the instrument called the Constitution

of the United States, there is no obscurity--it has no fabled descent,

like the palladium of ancient Troy, from the heavens. Its origin is

not confused by the mists of time, or hidden by the darkness of past,

unexplored ages; it is the fabric of our day. Some now living, had a

share in its construction--all of us stood by, and saw the rising of

the edifice. There can be no doubt about its nature. It is a political

compact. By whom? And about what? The preamble to the instrument will

answer these questions:

"We, the people of the United States, in order to form a more

perfect union, establish justice, insure domestic tranquillity,

provide for the common defence, promote the general welfare,

and secure the blessings of liberty to ourselves and our

posterity, do ordain and establish this constitution, for the

United States of America."

It is, "we, the people of the United States, for ourselves and our

posterity;" not for the people of Louisiana; nor for the people of

New Orleans, or of Canada. None of these enter into the scope of the

instrument; it embraces only "the United States of America." Who those

are, it may seem strange, in this place, to inquire. But truly, sir,

our imaginations have, of late, been so accustomed to wander after new

settlements to the very end of the earth, that it will not be time

ill-spent to inquire what this phrase means, and what it includes.

These are not terms adopted at hazard; they have reference to a state

of things existing anterior to the constitution. When the people

of the present United States began to contemplate a severance from

their parent State, it was a long time before they fixed definitely

the name by which they would be designated. In 1774, they called

themselves "the Colonies and Provinces of North America." In 1775,

"the Representatives of the United Colonies of North America." In

the Declaration of Independence, "the Representatives of the United

States of America." And finally, in the Articles of Confederation,

the style of the confederacy is declared to be "the United States of

America." It was with reference to the old articles of confederation,

and to preserve the identity and established individuality of their

character, that the preamble to this constitution, not content, simply,

with declaring that it is "we, the people of the United States," who

enter into this compact, adds that it is for "the United States of

America." Concerning the territory contemplated by the people of the

United States, in these general terms, there can be no dispute; it is

settled by the treaty of peace, and included within the Atlantic Ocean,

and St. Croix, the lakes, and more precisely, so far as relates to the

frontier, having relation to the present argument, within "a line to be

drawn through the middle of the river Mississippi, until it intersect

the northernmost part of the thirty-first degree of north latitude to

the river Apalachicola, thence along the middle of this river to its

junction with the Flint River, thence straight to the head of the St.

Mary's River, and thence down the St. Mary's to the Atlantic Ocean."

I have been thus particular to draw the minds of gentlemen, distinctly,

to the meaning of the terms used in the preamble; to the extent which

"the United States" then included; and to the fact that neither New

Orleans nor Louisiana were within the comprehension of the terms of

this instrument. It is sufficient for the present branch of my argument

to say, that there is nothing in the general nature of this compact

from which the power contemplated to be exercised in this bill results.

On the contrary, as the introduction of a new associate in political

power implies, necessarily, a new division of power, and consequent

diminution of the relative proportion of the former proprietors of

it; there can, certainly, be nothing more obvious, than that from the

general nature of the instrument no power can result to diminish and

give away to strangers any proportion of the rights of the original

partners. If such a power exists, it must be found, then, in the

particular provisions in the constitution. The question now arising is,

in which of these provisions is given the power to admit new States,

to be created in territories, beyond the limits of the old United

States. If it exists anywhere, it is either in the third section of

the fourth article of the constitution, or in the treaty-making power.

If it result from neither of these, it is not pretended to be found

anywhere else.

That part of the third section of the fourth article, on which the

advocates of this bill rely, is the following: "New States may be

admitted, by the Congress, into this Union; but no new States shall

be formed or erected within the jurisdiction of any other State,

nor any State be formed by the junction of two or more States, or

parts of States, without the consent of the Legislatures of the

States concerned, as well as of the Congress." I know, Mr. Speaker,

that the first clause of this paragraph has been read, with all

the superciliousness of a grammarian's triumph. "New States may be

admitted, by the Congress, into this Union." Accompanied with this

most consequential inquiry: "Is not this a new State to be admitted?

And is not here an express authority?" I have no doubt this is a full

and satisfactory argument to every one, who is content with the mere

colors and superficies of things. And if we were now at the bar of some

stall-fed justice, the inquiry would insure victory to the maker of it,

to the manifest delight of the constables and suitors of his court.

But, sir, we are now before the tribunal of the whole American people;

reasoning concerning their liberties, their rights, their constitution.

These are not to be made the victims of the inevitable obscurity of

general terms; nor the sport of verbal criticism. The question is

concerning the intent of the American people, the proprietors of the

old United States, when they agreed to this article. Dictionaries

and spelling-books are, here, of no authority. Neither Johnson, nor

Walker, nor Webster nor Dilworth, has any voice in this matter. Sir,

the question concerns the proportion of power, reserved by this

constitution, to every State in the Union. Have the three branches of

this Government a right, at will, to weaken and outweigh the influence,

respectively secured to each State, in this compact, by introducing,

at pleasure, new partners, situate beyond the old limits of the United

States? The question has not relation merely to New Orleans. The great

objection is to the principle of the bill. If this bill be admitted,

the whole space of Louisiana, greater, it is said, than the entire

extent of the old United States, will be a mighty theatre, in which

this Government assumes the right of exercising this unparalleled

power. And it will be; there is no concealment, it is intended to be

exercised. Nor will it stop, until the very name and nature of the

old partners be overwhelmed by new comers into the Confederacy. Sir,

the question goes to the very root of the power and influence of the

present members of this Union. The real intent of this article is,

therefore, an inquiry of most serious import; and is to be settled

only by a recurrence to the known history and known relations of

this people and their constitution. These, I maintain, support this

position: that the terms "new States," in this article, do intend new

political sovereignties, to be formed within the original limits of

the United States; and do not intend new political sovereignties with

territorial annexations, to be erected without the original limits

of the United States. I undertake to support both branches of this

position to the satisfaction of the people of these United States. As

to any expectation of conviction on this floor, I know the nature of

the ground and how hopeless any arguments are, which thwart a concerted

course of measures.

I recur, in the first place, to the evidence of history. This

furnishes the following leading fact: that before, and at the time

of the adoption of this constitution, the creation of new political

sovereignties within the limits of the old United States was

contemplated. Among the records of the old Congress will be found

a resolution, passed as long ago as the 10th day of October, 1780,

contemplating the cession of unappropriated lands to the United

States, accompanied by a provision that "they shall be disposed of for

the common benefit of the United States, and be settled and formed

into distinct Republican States, which shall become members of the

Federal Union, and have the same rights of sovereignty, freedom, and

independence, as the other States." Afterward, on the 7th of July,

1786, the subject of "laying out and forming into States" the country

lying northwest of the river Ohio, came under the consideration of

the same body; and another resolution was passed recommending to the

Legislature of Virginia to revise their act of cession, so as to permit

a more eligible division of that portion of territory derived from

her; "which States," it proceeds to declare, "shall hereafter become

members of the Federal Union, and have the same rights of sovereignty,

freedom, and independence, as the original States, in conformity with

the resolution of Congress of the 10th of October, 1780." All the

Territories to which these resolutions had reference, were undeniably

within the ancient limits of the United States.

Here, then, is a leading fact, that the article in the constitution

had a condition of things, notorious at the time when it was adopted,

upon which it was to act, and to meet the exigency resulting from

which, such an article was requisite. That is to say: new States,

within the limits of the United States, were contemplated at the

time when the foundations of the constitution were laid. But we have

another authority upon this point, which is, in truth, a cotemporaneous

exposition of this article of the constitution. I allude to the

resolution, passed on the 3d of July, 1788, in the words following:

[Here the resolution was read.]

In this resolution of the old Congress, it is expressly declared,

that the Constitution of the United States having been adopted by

nine States, an act of the old Congress could have no effect to make

Kentucky a separate member of the Union, and that, although they

thought it expedient that it should be so admitted, yet that this

could only be done under the provisions made in the new constitution.

It is impossible to have a more direct contemporaneous evidence that

the case contemplated in this article was that of the Territories

within the limits of the United States; yet the gentleman from North

Carolina, (Mr. MACON,) for whose integrity and independence I have very

great respect, told us the other day, that "if this article had not

territories within the limits of the old United States to act upon,

it would be wholly without meaning. Because the ordinance of the old

Congress had secured the right to the States within the old United

States, and a provision for that object, in the new constitution, was

wholly unnecessary." Now, I will appeal to the gentleman's own candor,

if the very reverse of the conclusion he draws is not the true one,

after he has considered the following fact: That, by this ordinance

of the old Congress, it was declared, that the boundaries of the

contemplated States, and the terms of their admission, should be, in

certain particulars, specified in the ordinance, subject to the control

of Congress. Now, as by the new constitution the old Congress was about

to be annihilated, it was absolutely necessary for the very fulfilment

of this ordinance, that the new constitution should have this power

for the admission of new States within the ancient limits, so that the

ordinance of the old Congress, far from showing the inutility of such

a provision for the Territories within the ancient limits, expressly

proves the reverse, and is an evidence of its necessity to effect the

object of the ordinance itself.

I think there can be no more satisfactory evidence adduced or required

of the first part of the position, that the terms "new States" did

intend new political sovereignties within the limits of the old United

States. For it is here shown, that the creation of such States,

within the territorial limits fixed by the treaty of 1783, had been

contemplated; that the old Congress itself expressly asserts that the

new constitution gave the power for that object; that the nature of

the old ordinance required such a power, for the purpose of carrying

its provisions into effect, and that it has been from the time of

the adoption of the federal constitution, unto this hour, applied

exclusively to the admission of States, within the limits of the old

United States, and was never attempted to be extended to any other

object.

Now, having shown a purpose, at the time of the adoption of the

Constitution of the United States, sufficient to occupy the whole

scope of the terms of the article, ought not the evidence be very

strong to satisfy the mind, that the terms really intended something

else, besides this obvious purpose; that it may be fairly extended to

the entire circle of the globe, wherever title can be obtained by

purchase, or conquest, and the new partners in the political power may

be admitted at the mere discretion of this Legislature, any where that

it wills. A principle thus monstrous is asserted in this bill.

But I think it may be made satisfactorily to appear not only that the

terms "new States" in this article did mean political sovereignties

to be formed within the original limits of the United States, as has

just been shown, but, also, negatively, that it did not intend new

political sovereignties, with territorial annexations, to be created

without those original limits. This appears first from the very tenor

of the article. All its limitations have respect to the creation of

States within the original limits. Two States shall not be joined; no

new State shall be erected within the jurisdiction of any other State,

without the consent of the Legislatures of the States concerned as

well as of Congress. Now, had foreign territories been contemplated,

had the new habits, customs, manners, and language of other nations

been in the idea of the framers of this constitution, would not

some limitation have been devised, to guard against the abuse of a

power, in its nature so enormous, and so obviously, when it occurred,

calculated to excite just jealousy among the States, whose relative

weight would be so essentially affected, by such an infusion at once

of a mass of foreigners into their Councils, and into all the rights

of the country? The want of all limitation of such power would be a

strong evidence, were others wanting, that the powers, now about to be

exercised, never entered into the imagination of those thoughtful and

prescient men, who constructed the fabric. But there is another most

powerful argument against the extension of this article to embrace

the right to create States without the original limits of the United

States, deducible from the utter silence of all debates at the period

of the adoption of the Federal Constitution, touching the power here

proposed to be usurped. If ever there was a time in which the ingenuity

of the greatest men of an age was taxed to find arguments in favor of

and against any political measure, it was at the time of the adoption

of this constitution. All the faculties of the human mind were, on

the one side and the other, put upon their utmost stretch, to find

the real and imaginary blessings or evils, likely to result from the

proposed measure. Now I call upon the advocates of this bill to point

out, in all the debates of that period in any one publication, in any

one newspaper of those times, a single intimation, by friend or foe to

the constitution, approving or censuring it for containing the power

here proposed to be usurped, or a single suggestion that it might

be extended to such an object as is now proposed. I do not say that

no such suggestion was ever made. But this I will say that I do not

believe there is such a one any where to be found. Certain I am, I have

never been able to meet the shadow of such a suggestion, and I have

made no inconsiderable research upon the point. Such may exist--but

until it be produced, we have a right to reason as though it had no

existence. No, sir. The people of this country at that day had no

idea of the territorial avidity of their successors. It was, on the

contrary, an argument, urged against the success of the project, that

the territory was too extensive for a republican form of government.

But, now there is no limits to our ambitious hopes. We are about to

cross the Mississippi. The Missouri and Red River are but roads, on

which our imagination travels to new lands and new States to be raised

and admitted (under the power, now first usurped) into this Union,

among undiscovered lands in the west. But it has been suggested that

the Convention had Canada in view, in this article, and the gentleman

from North Carolina told this House, that a member of the Convention,

as I understood him, either now, or lately a member of the Senate,

informed him that the article had that reference. Sir, I have no doubt

the gentleman from North Carolina has had a communication such as he

intimates. But, for myself, I have no sort of faith in these convenient

recollections, suited to serve a turn, to furnish an apology for a

party, or give color to a project. I do not deny, on the contrary I

believe it very probable, that among the coursings of some discursive

and craving fancy, such thoughts might be started; but that is not

the question. Was this an avowed object in the Convention when it

formed this article? Did it enter into the conception of the people

when its principles were discussed? Sir, it did not, it could not.

The very intention would have been a disgrace both to this people

and the Convention. What, sir! Shall it be intimated; shall it for a

moment be admitted, that the noblest and purest band of patriots this

or any other country ever could boast, were engaged in machinating

means for the dismemberment of the territories of a power to which

they had pledged friendship, and the observance of all the obligations

which grow out of a strict and perfect amity? The honor of our country

forbids and disdains such a suggestion.

But there is an argument stronger, even, than all those which have

been produced, to be drawn from the nature of the power here proposed

to be exercised. Is it possible that such a power, if it had been

intended to be given by the people, should be left dependent upon

the effect of general expressions; and such too, as were obviously

applicable to another subject; to a particular exigency contemplated

at the time? Sir, what is this power we propose now to usurp? Nothing

less than a power, changing all the proportion of the weight and

influence possessed by the potent sovereignties composing this Union. A

stranger is to be introduced to an equal share, without their consent.

Upon a principle, pretended to be deduced from the constitution--this

Government, after this bill passes, may and will multiply foreign

partners in power, at its own mere motion; at its irresponsible

pleasure; in other words, as local interests, party passions, or

ambitious views may suggest. It is a power that, from its nature, never

could be delegated; never was delegated; and as it breaks down all the

proportions of power guarantied by the constitution to the States,

upon which their essential security depends, utterly annihilates the

moral force of this political contract. Would this people, so wisely

vigilant concerning their rights, have transferred to Congress a power

to balance, at its will, the political weight of any one State, much

more of all the States, by authorizing it to create new States at its

pleasure, in foreign countries, not pretended to be within the scope

of the constitution or the conception of the people, at the time of

passing it?

This is not so much a question concerning the exercise of sovereignty,

as it is who shall be sovereign. Whether the proprietors of the good

old United States shall manage their own affairs in their own way; or

whether they, and their constitution, and their political rights, shall

be trampled under foot by foreigners introduced through a breach of the

constitution. The proportion of the political weight of each sovereign

State, constituting this Union, depends upon the number of the States

which have a voice under the compact. This number the constitution

permits us to multiply at pleasure, within the limits of the original

United States; observing only the expressed limitations in the

constitution. But when in order to increase your power of augmenting

this number you pass the old limits, you are guilty of a violation of

the constitution in a fundamental point; and in one, also, which is

totally inconsistent with the intent of the contract, and the safety

of the States which established the association. What is the practical

difference to the old partners, whether they hold their liberties at

the will of a master, or whether, by admitting exterior States on an

equal footing with the original States, arbiters are constituted, who

by availing themselves of the contrariety of interests and views which

in such a confederacy necessarily will arise, hold the balance among

the parties which exist and govern us, by throwing themselves into the

scale most conformable to their purposes? In both cases there is an

effective despotism. But the last is the more galling, as we carry the

chain in the name and gait of freemen.

I have thus shown, and whether fairly, I am willing to be judged by the

sound discretion of the American people, that the power, proposed to

be usurped, in this bill, results neither from the general nature, nor

the particular provisions, of the Federal Constitution; and that it is

a palpable violation of it in a fundamental point; whence flow all the

consequences I have intimated.

The present President of the United States, when a member of the

Virginia Convention for adopting the constitution, expressly declares

that the treaty-making power has limitations; and he states this as

one, "that it cannot alienate any essential right." Now, is not here

an essential right to be alienated? The right to that proportion of

political power which the constitution has secured to every State,

modified only by such internal increase of States as the existing

limits of the Territories at the time of the adoption of the

constitution permitted. The debates of that period chiefly turned upon

the competency of this power to bargain away any of the old States.

It was agreed, at that time, that by this power old States within the

ancient limits could not be sold from us. And I maintain that, by it,

new States without the ancient limits cannot be saddled upon us. It

was agreed, at that time, that the treaty-making power "could not cut

off a limb." And I maintain, that neither has it the competency to

clap a hump upon our shoulders. The fair proportions devised by the

constitution are in both cases marred, and the fate and felicity of

the political being, in material particulars, related to the essence

of his constitution, affected. It was never pretended, by the most

enthusiastic advocates for the extent of the treaty-making power, that

it exceeded that of the King of Great Britain. Yet, I ask, suppose that

monarch should make a treaty, stipulating that Hanover or Hindostan

should have a right of representation on the floor of Parliament, would

such a treaty be binding? No, sir; not, as I believe, if a House of

Commons and of Lords could be found venal enough to agree to it. But

although in that country the three branches of its legislature are

called omnipotent, and the people might not deem themselves justified

in resistance, yet here there is no apology of this kind; the limits of

our power are distinctly marked; and when the three branches of this

Government usurp upon this constitution in particulars vital to the

liberties of this people, the deed is at their peril.

I have done with the constitutional argument. Whether I have been able

to convince any member of this House, I am ignorant--I had almost said

indifferent. But this I will not say, because I am, indeed, deeply

anxious to prevent the passage of this bill. Of this I am certain,

however, that when the dissension of this day is passed away, when

party spirit shall no longer prevent the people of the United States

from looking at the principle assumed in it, independent of gross and

deceptive attachments and antipathies, that the ground here defended

will be acknowledged as a high constitutional bulwark, and that the

principles here advanced will be appreciated.

I will add one word, touching the situation of New Orleans. The

provision of the treaty of 1803, which stipulates that it shall be

"admitted as soon as possible," does not therefore imply a violation

of the constitution. There are ways in which this may constitutionally

be effected--by an amendment of the constitution, or by reference to

conventions of the people in the States. And I do suppose, that, in

relation to the objects of the present bill, (with the people of New

Orleans,) no great difficulty would arise. Considered as an important

accommodation to the Western States, there would be no violent

objection to the measure. But this would not answer all the projects

to which the principle of this bill, when once admitted, leads, and is

intended to be applied. The whole extent of Louisiana is to be cut up

into independent States, to counterbalance and to paralyze whatever

there is of influence in other quarters of the Union. Such a power, I

am well aware that the people of the States would never grant you. And

therefore, if you get it, the only way is by the mode adopted in this

bill--by usurpation.

The objection here urged is not a new one. I refer with great delicacy

to the course pursued by any member of the other branch of the

Legislature; yet I have it from such authority that I have an entire

belief of the fact, that our present Minister in Russia, then a member

of that body, when the Louisiana treaty was under the consideration

of the Senate, although he was in favor of the treaty, yet expressed

great doubts on the ground of constitutionality, in relation to our

control over the destinies of that people, and the manner and the

principles on which they could be admitted into the Union. And it does

appear that he made two several motions in that body, having for their

object, as avowed, and as gathered from their nature, an alteration in

the constitution, to enable us to comply with the stipulations of that

convention.

I will add only a few words in relation to the moral and political

consequences of usurping this power. I have said, that it would be

a virtual dissolution of the Union; and gentlemen express great

sensibility at the expression. But the true source of terror is not

the declaration I have made, but the deed you propose. Is there a

moral principle of public law better settled, or more conformable

to the plainest suggestions of reason, than that the violation of a

contract by one of the parties may be considered as exempting the

other from its obligations? Suppose, in private life, thirteen form a

partnership, and ten of them undertake to admit a new partner without

the concurrence of the other three, would it not be at their option

to abandon the partnership, after so palpable an infringement of

their rights? How much more, in the political partnership, where the

admission of new associates, without previous authority, is so pregnant

with obvious dangers and evils! Again: it is settled as a principle of

morality, among writers on public law, that no person can be obliged,

beyond his intent at the time of the contract. Now, who believes,

who dare assert, that it was the intention of the people, when they

adopted this constitution, to assign, eventually, to New Orleans and

Louisiana, a portion of their political power, and to invest all

the people those extensive regions might hereafter contain with an

authority over themselves and their descendants? When you throw the

weight of Louisiana into the scale, you destroy the political equipoise

contemplated at the time of forming the contract. Can any man venture

to affirm that the people did intend such a comprehension as you now,

by construction, give it; or can it be concealed that, beyond its

fair and acknowledged intent, such a compact has no moral force? If

gentlemen are so alarmed at the bare mention of the consequences, let

them abandon a measure which sooner or later will produce them. How

long before the seeds of discontent will ripen, no man can foretell;

but it is the part of wisdom not to multiply or scatter them. Do you

suppose the people of the Northern and Atlantic States will, or ought

to, look on with patience and see Representatives and Senators from

the Red river and Missouri pouring themselves upon this and the other

floor, managing the concerns of a seaboard fifteen hundred miles at

least from their residence, and having a preponderancy in councils,

into which, constitutionally, they could never have been admitted?

I have no hesitation upon this point. They neither will see it, nor

ought to see it, with content. It is the part of a wise man to foresee

danger, and to hide himself. This great usurpation, which creeps into

this House under the plausible appearance of giving content to that

important point, New Orleans, starts up a gigantic power to control

the nation. Upon the actual condition of things, there is, there can

be, no need of concealment. It is apparent to the blindest vision. By

the course of nature, and conformable to the acknowledged principles

of the constitution, the sceptre of power in this country is passing

towards the Northwest. Sir, there is to this no objection. The right

belongs to that quarter of the country; enjoy it; it is yours. Use

the powers granted as you please; but take care, in your haste after

effectual dominion, not to overload the scales by heaping it with

these new acquisitions. Grasp not too eagerly at your purpose. In your

speed after uncontrolled sway, trample not down this constitution.

Already the old States sink in the estimation of members, when brought

into comparison with these new countries. We have been told that "New

Orleans was the most important point in the Union." A place out of the

Union the most important place within it! We have been asked, "What are

some of the small States when compared with the Mississippi Territory?"

The gentleman from that Territory (Mr. POINDEXTER) spoke the other day

of the Mississippi as "of a high road between" ----. Good heavens,

between what, Mr. Speaker? Why, "the Eastern and Western States." So

that all the Northwestern Territories, all the countries once the

extreme western boundary of our Union, are hereafter to be denominated

Eastern States.

[Mr. POINDEXTER explained. He said that he had not said that the

Mississippi was to be the boundary between the Eastern and Western

States. He had merely thrown out a hint, that, in erecting new States,

it might be a good high-road between the States on its waters. His

idea had not extended beyond the new States, on the waters of the

Mississippi.]

I make no great point of this matter. The gentleman will find, in

the National Intelligencer, the terms to which I refer. There will

be seen, I presume, what he has said, and what he has not said. The

argument is not affected by the explanation. New States are intended

to be formed beyond the Mississippi. There is no limit to men's

imaginations, on this subject, short of California and Columbia river.

When I said that the bill would justify a revolution, and would produce

it, I spoke of its principle and its practical consequences. To this

principle and those consequences, I would call the attention of this

House and nation. If it be about to introduce a condition of things

absolutely insupportable, it becomes wise and honest men to anticipate

the evil, and to warn and prepare the people against the event. I

have no hesitation on the subject. The extension of this principle to

the States, contemplated beyond the Mississippi, cannot, will not,

and ought not to be borne. And the sooner the people contemplate the

unavoidable result, the better; the more likely that convulsions may be

prevented; the more hope that the evils may be palliated or removed.

Mr. Speaker: What is this liberty of which so much is said? Is it to

walk about this earth, to breathe this air, and to partake the common

blessings of God's providence? The beasts of the field and the birds

of the air unite with us in such privileges as these. But man boasts

a purer and more ethereal temperature. His mind grasps in its view

the past and the future, as well as the present. We live not for

ourselves alone. That which we call liberty, is that principle on

which the essential security of our political condition depends. It

results from the limitations of our political system, prescribed in

the constitution. These limitations, so long as they are faithfully

observed, maintain order, peace, and safety. When they are violated in

essential particulars, all the concurrent spheres of authority rush

against each other, and disorder, derangement, and convulsion are,

sooner or later, the necessary consequences.

With respect to this love of our Union, concerning which so much

sensibility is expressed, I have no fear about analyzing its nature.

There is in it nothing of mystery. It depends upon the qualities of

that Union, and it results from its effects upon our and our country's

happiness. It is valued for "that sober certainty of waking bliss"

which it enables us to realize. It grows out of the affections, and

has not, and cannot be made to have, any thing universal in its

nature. Sir, I confess it, the first public love of my heart is the

commonwealth of Massachusetts. There is my fireside; there are the

tombs of my ancestors--

"Low lies that land, yet blest with fruitful stores,

Strong are her sons, though rocky are her shores;

And none, ah! none, so lovely to my sight,

Of all the lands which heaven o'erspreads with light."

The love of this Union grows out of this attachment to my native soil,

and is rooted in it. I cherish it, because it affords the best external

hope of her peace, her prosperity, her independence. I oppose this

bill from no animosity to the people of New Orleans, but from the deep

conviction that it contains a principle incompatible with the liberties

and safety of my country. I have no concealment of my opinion. The

bill, if it passes, is a death-blow to the constitution. It may,

afterwards, linger; but lingering, its fate will, at no very distant

period, be consummated.

TUESDAY, January 15.

_Orleans Territory._

The House resumed the consideration of the bill authorizing the people

of Orleans Territory to elect a convention to form a constitution

preparatory to its admission into the Union as a free and independent

State--Mr. QUINCY'S motion for indefinite postponement still under

consideration.

Mr. WRIGHT.--Sir, this bill is not, in my judgment, a violation of the

constitution, nor have I a fear that it is fraught with those direful

consequences with which the gentleman from Massachusetts (Mr. QUINCY)

threatens us. It will neither justify a dissolution of the Union, nor

lead any citizen attached to it, even amicably, much less forcibly,

to the contemplation of it, notwithstanding the predictions of that

gentleman. That we are authorized to erect new States, I will prove

both by theory and practice, and for that purpose I will first invite

your attention to the articles of Confederation. By one section it

is _expressly_ declared that Canada may be permitted to enjoy all

the benefits of the Confederation on the same terms with the other

States of the Union. The thirteen States under this Confederation

conducted themselves safely through the war; but finding, in 1787,

that their requisitions had not been duly respected, and that New York

had rejected some necessary commercial regulations, whereby their

fiscal affairs were deranged, Congress, by a resolution, resolved

that a convention of States should be held for the express purpose

of amending the articles of Confederation. Under this resolution the

Convention met, and proceeded to form the present constitution. Thus it

will appear that they were to form the new constitution not _ex pari

materia_, but out of the very materials of the Confederation.

As a conclusive evidence, you will find a number of the articles in

each instrument literally or substantially the same, and thereby be

justified in giving a construction of the letter of the constitution,

so as to respect the spirit of the Confederation. By the third section

of 4th article of the constitution, "New States may be admitted by

Congress into the Union;" and by the next member of the same section,

"the Congress shall have power to dispose of and make all needful

rules and regulations respecting the territory or other property

belonging to the United States"--hence I can have no doubt that

Congress have the power to admit new States into the Union, that power

being expressly given. It is however contended, that that power is

limited to the admission only of those States that may be established

within the limits of the United States, as demarcated by the Treaty

of Peace. And the preamble to the constitution is relied on to

establish that doctrine. "We, the people of the United States, &c.,

do establish this constitution for the United States of America." If

this preamble is so imperious as to limit the positive provisions of

the constitution, it will certainly limit itself to the States that

formed the constitution--the negative of which has been determined. To

prove which, here let me call your attention to the fact, that Vermont

was not a member of the Confederation, nor was she a member of the

convention that formed the constitution; she therefore was not one of

the United States--was foreign as to them, and as distinctly governed

as any other foreign power; she in 1791 was admitted into the Union,

and the laws of the United States extended to her. She was not one of

the old States, and was correctly admitted under the power to admit

new States. Vermont was so repulsive to a confederacy with the United

States, as not to be mentioned in the articles of Confederation. Can it

be for a moment doubted that Canada, expressly mentioned, might be now

received as a new State, by becoming independent, or by purchase, when

Vermont has been admitted, who was not mentioned in the Confederation?

Can there be an opinion that the framers of the constitution intended

Canada should be excluded from the benefits of the constitution, when

before invited into it? When, by the express letter of the instrument,

"new States may be admitted," and when Vermont, not mentioned in the

Confederation, has been admitted? Such a conclusion can never be the

rational result of such premises. But it is objected, that, as this

Territory was obtained by treaty, and after the formation of the

constitution, it cannot be admitted into the Union as a State.

I have shown that new States may be admitted, that Vermont has

been admitted, and that Canada was expressly entitled under the

Confederation, and by the terms of the constitution may be admitted as

a new State. "Congress may admit new States into the Union, and make

all needful rules and regulations with respect to the territory or

other property of the United States." This is certainly a territory,

the property of the United States, and Congress as certainly may, if

needful, that is, expedient, admit it into the Union. We are told,

I presume to retard this measure, that the limits are in dispute,

and that, if made a State, they cannot afterwards be settled by the

United States. That this is not the case, I will prove by theory and

by practice. By the treaty-making power vested in the President and

the Senate, they may treat on all subjects within the treaty-making

power, with foreign nations; and where the limits of any foreign power

adjoining the territory of the United States are not ascertained to

their mutual satisfaction, they certainly may settle them by a treaty

of limits. This is the practice and usage of all nations, and the

United States by a treaty of limits with Great Britain, did settle the

beginning of their northeastern limits, at the river St. Croix, whereby

they gave up seven miles to Great Britain, which was taken from a

State--hence I presume no difficulty can arise on the subject.

The question was then taken on the motion for indefinite postponement,

and lost: yeas 28, nays 78.

The main question was then taken that the said bill do pass, and

resolved in the affirmative--yeas 77, nays 36.

WEDNESDAY, January 16.

_Bank of the United States._

The House resolved itself into a Committee of the Whole on the bill to

renew the charter of the Bank of the United States.

Mr. BURWELL moved to strike out the first section.

I have made this motion, sir, said Mr. B., because it allows the

greatest latitude of discussion upon the important points which are

preliminary to the examination of the details. It tries the principle

of the bill, and may save much tedious and useless labor. Should a

majority decide in favor of the Bank of the United States, as an honest

man I will aid in forming a system best adapted to the state of the

country, and most subservient to the purposes of such an institution.

The gentleman from Connecticut (Mr. MOSELY) has done justice to my

conduct, and the fairness with which the subject has been treated. I

have been anxious to present the question fairly, not from any doubt or

indecision as to the course I should pursue, but from its magnitude,

and the sensibility it has excited. It will be recollected by the

committee, when the gentleman from Pennsylvania presented the memorial

upon which the Secretary of the Treasury founded his report, on that,

as on all subsequent occasions, my opposition was manifested; and I

will add that the particular attention which my duty has compelled me

to bestow on the bank, has confirmed more strongly former impressions.

The remarks I shall make are intended to show that Congress possesses

no power to incorporate a bank; to show its effect on the government,

and to satisfy the committee that the exercise of the power, even

if possessed, is inexpedient. While, sir, I feel the most ardent

desire to consult the convenience of the government and promote the

prosperity of the community in general, I have not lost sight of the

limits within which I am restrained by the Constitution of the United

States and considerations of sound policy. It is my most deliberate

conviction that the constitution of the country gives no authority

to Congress to incorporate a bank and endow the stockholders with

chartered immunities; and even if its dissolution should produce ruin

to the merchants, and, what is of equal importance, embarrassment to

the government, they would not be paramount to the sacred obligation of

supporting the constitution; though I am persuaded the dreadful evils

which have been predicted from the annihilation of the bank will soon

vanish, and that no material shock will be produced by that cause. The

construction which the constitution has received by the various persons

who have at different times administered it, has been rigid or liberal

according to the confidence in the General or State Governments. The

unqualified extent given to its general powers, and the inclusion

of incidental powers, as flowing from and belonging to particular

enumerated grants, have constituted the essential points of difference

among those who have divided upon the principles of the constitution.

This has been the case not only in the exercise of authority where the

right was questionable, but in cases where the right was undeniable,

tending by its operation to increase the weight of the General

Government. In giving to the constitution that construction which

sound policy requires, and a just regard to the harmony of the States

and the perpetuation of their Union dictates, I cannot find any part

of it authorizing the exercise of a power which, from its nature, is

obnoxious, its tendency alarming, and its influence in the hands of

those who manage its concerns irresistible. The power to establish a

bank cannot be deduced from the general phrases "to provide for the

common defence and general welfare," because they merely announce the

object for which the General Government was instituted. The only means

by which this object is to be attained are specifically enumerated

in the constitution, and if they are not ample, it is a defect which

Congress are not competent to supply. I think this inference the

stronger, inasmuch as those means were granted to us by those who had

acted under the confederation and experienced its defects, and knew

precisely to what extent power was requisite to provide for the common

defence and general welfare. In relation to this particular subject,

the proceedings of the convention itself furnish the plainest evidence,

by rejecting the proposition to vest in Congress the right to grant

incorporations. I readily admit the motive of deliberative bodies

cannot always be known. Various considerations might have operated.

They might have supposed the power already vested. But, it is incumbent

on those who can place faith in an interpretation so repugnant to the

cautious and guarded phraseology of the instrument, to demonstrate it.

If the right to incorporate exists, it is a general grant of power,

equally applicable to all the objects of incorporation, and cannot

be assumed as a means to carry into effect any particular grant of

authority. To my mind, it is much more natural to suppose a power to

create monopolies had been surrendered, to quiet the fears of those who

saw in the constitution the germ which would sooner or later palsy the

vitals of the State authority. If the general phrases are not explained

in the manner just mentioned, and powers so extensive and important are

derived from them, it would be ridiculous to consider the jurisdiction

of Congress restricted; they would confer equal authority to establish

monopolies in all the various branches of individual industry and

commercial enterprise. Sir, I will conclude this part of the subject by

reminding you how essential it is, when we are giving an interpretation

to the constitution, to which the States are parties, to assume only

what clearly belongs to us. Moderation will inspire confidence,

selfishness will excite disgust and suspicion.

The parts of the constitution which bear any analogy to this subject,

are

1st. Congress shall have power to lay and collect taxes, duties,

imposts, and excises, to pay the debts, and provide for the common

defence and general welfare, &c.

2d. To borrow money on the credit of the United States.

3d. To regulate commerce with foreign nations, and among the several

States, and with Indian tribes. And

4th. To make all laws which shall be necessary and proper to carry the

foregoing powers, and all other powers vested by the constitution in

the General Government, into effect.

It will not be denied that, if the establishment of a bank comes

within the meaning of the power to lay and collect taxes, to pay the

debts of the United States, and to regulate commerce, or is necessary

and proper to carry the foregoing powers into effect, it would be a

fair subject for legislation by Congress. But can any one pretend

that a bank would be a mode contemplated by the constitution to lay

and collect taxes on the people for the purpose of raising revenue?

Would it comport with that wise principle of uniformity, and those

guarded restrictions against unequal burdens on the people, which

constitute the most valuable safeguard to the citizen? To understand

these terms we must give them a meaning which has been affixed by their

usual import. When we speak of the power to lay taxes, we understand

by it a demand of money from the community, regulated by fixed and

equitable principles, indiscriminate as to persons, and the species

of property taxed. To suppose that every law which imposed burdens or

brought money into the Treasury was constitutional, would destroy our

equal system of government, and substitute a capricious despotism. It

would revive the exploded doctrine of free gifts, benevolences, and

that shameful train of extortions practised by the old governments of

Europe. Does it fall within the power to pay the debts of the United

States? This clause relates entirely to the application of the funds

after they have been accumulated; it is in conformity with that article

which pledges the public faith for debts which had been contracted,

as well as those which might be created in pursuance of the authority

to borrow money upon the faith of the United States. If the power to

incorporate a bank grew out of the obligation to pay the debts of the

United States, its charter should be so worded as to cease whenever

they were extinguished; and it would be no longer for Congress to fix

a definite period for its expiration. If the right of incorporation

was ever meant to be given, it would most naturally follow from the

regulation of commerce; yet, no one has contended Congress could create

insurance companies within the States. Those who contend the bank is

constitutional, consider it as necessary and proper in collecting the

revenue. That it may be an useful instrument, I do not deny. It forms

depositories convenient to the government; but, you should recollect,

depositories equally safe and convenient can be procured without being

purchased at the expense of exorbitant and invidious privileges to a

particular class in the community. I apprehend the constitution means

something extremely different when it empowers the General Government

to collect taxes; it relates exclusively to the authority thus given

to Congress of employing compulsory process in coercing the payment

of taxes; it enables Congress to create, within the jurisdiction of

the States, officers of the revenue, and, through them, to exercise

over the property of the citizens a concurrent jurisdiction, from

which they otherwise would be precluded, and from which they had been

precluded before the adoption of the constitution; it enables them

to impose penalties and forfeitures, and to inflict punishment for

resistance to their authority. But, sir, admit for a moment the bank

may be formed to collect the revenue, ought it not to be exclusively

used for that object? Whence the power to make it an instrument of

commerce? Why invest it with a capital immense in amount, and sovereign

in its control over the external and internal commerce of the country?

Sir, I must again call your attention to the limited nature of our

Government; we must administer it as we find it, and not as we think it

ought to be. Under this view of the subject, so long as I understand

the right to "lay taxes" to consist in drawing supplies from the people

for public purposes, and not to tax one portion of the community for

the benefit of another, and "to collect them," the right to enforce

payment, I cannot construe them to authorize the establishment of a

bank. Sir, a bank has been improperly considered a means of executing

some power exclusively given to Congress. The nature of incorporations

is so clearly a distinct class of political power, that, before they

can be converted into means incidental to an object without the

jurisdiction of the General Government, they must be shown to be

absolutely necessary. Permit me to ask, how has it been ascertained

that a bank is necessary to the operations of the Government? Has

the experiment been tried? Upon a question involving a breach of

the constitution, it would be safer to be guided by experience than

conjecture.

Sir, I am well aware that I can add nothing new upon the constitutional

points. The subject was more thoroughly examined in 1791, and more ably

elucidated than any other since the adoption of the Government. The

celebrated speech of Mr. MADISON, to which I ascribe my conviction, has

been recently presented to us in the newspapers, and gentlemen must be

familiar with it. I cannot give additional weight to the arguments, but

I thought it proper to call the attention of the committee to that part

of the subject by the remarks I have made.

I said, sir, it must be shown that the bank is necessary to the

operations of the Government--without its aid our fiscal concerns

cannot be managed. So far from subscribing to the necessity of the

bank, I believe the revenue would be equally safe in the State banks,

and could be distributed with inconsiderable difficulty. The revenue

received in most of the States is nearly equal to the expenditure

within them, and when a deficiency occurred in any one, it could be

supplied by arrangements with the different banks, by transportation,

or inland bills of exchange, in the manner that the public engagements

are fulfilled abroad. I will venture to assert the Secretary of the

Treasury will find no difficulty in contracting with individuals and

corporate institutions, upon the most ample security, to transfer

the public revenue upon terms equally advantageous to the United

States. Among the several States commercial intercourse is great, and

daily increasing; the constant traffic which the different portions

of the country maintain with one another, will give facility to the

operations of the Government, and obviate the obstacles which are

anticipated; the very commerce which enables the Treasury to remit

with ease immense sums to every part of Europe is the result of this

interchange among the States, and insures equal facility at home.

Where, then, is the necessity for this bank? The accommodation of

the bank to the Government in times of emergency, and the use of its

resources to support public credit, have been urged as motives for

its establishment; how far such considerations weaken constitutional

objections, it is needless to state. If, sir, the bank becomes a source

of supply to the Government to an adequate extent, it ceases to be

one to the merchants. It therefore cannot answer in both capacities.

The same necessity which throws the Government upon the charity of

the banks renders it incapable of discharging the obligation, and

while the funds of the institution are locked up in the Government,

its commercial functions must cease. The relief which sudden and

temporary embarrassments require, can, at all times, be administered

by the State banks, and, therefore, supersedes the necessity of aid

from this bank. Whenever, by disasters, the ordinary sources of supply

are exhausted, or the unavoidable objects of expenditure exceed the

revenue, a more copious and permanent aliment will be found in the

wealth and capital of the citizens than by loans from banks. Instead

of diverting the active and productive capital from useful channels,

the sluggish and inert mass will be drawn forth in its aid, to support

public credit and cherish private enterprise. But, sir, is it prudent

to rely upon an institution that may refuse you assistance? What

will be the influence of such an institution on the Government, and

the country at large? It cannot escape your recollection that the

establishment of the Bank of the United States was the origin of a

system which assumed as its basis the enlargement of the national

jurisdiction. Whether the principles of expediency to which it owes its

birth be regarded, or the overweening influence it established over

the moneyed institutions and merchants of the States, the charge, to

say the least, is plausible. The close and intimate connection between

the Government and bank--the dependence of the former for loans, and

the latter for public deposits, have given the Executive branch its

full share of influence and odium--shows incontestably it was created

to augment the power of the General Government, and the Executive

in particular. Yes, sir, it was the commencement of those political

animosities which have poisoned the sources of social intercourse; it

was the origin of that doctrine of constructive power which abrogates

the constitution and nullifies the restrictions imposed upon Congress.

So long as it exists, the body politic will experience the agitations

and convulsive throes of well-grounded jealousy in the States.

Sir, in the administration of this Government two things alone are

necessary to insure its durability. You must first avoid every measure

which will produce uneasiness among the States, or, second, that will

extend the jurisdiction of the United States Government to subjects

purely local. I do not mean that the rightful authority of Congress is

to be abandoned for fear of giving offence, but, whenever called on

to take a step which will produce uneasiness, you should be perfectly

satisfied the letter and spirit of the constitution bear you out.

Do not gentlemen perceive the tendency of this measure to involve

us with the States upon delicate points? Has not the United States'

Bank produced serious alarm? Will not the alarm be increased by its

continuance at this time? Yes, sir, some of the States have already

taxed this institution, others have waited under the expectation we

shall render a collision unnecessary. Suppose the charter renewed,

and the stockholders should be taxed in such a manner as to destroy,

virtually, the privileges you have guarantied to them. Are you to

leave them unprotected, or will you draw the sword in their behalf?

While you have time, avoid a situation not less perilous than the

most serious foreign war. Since the establishment of the bank, the

States have created banks--their people have accumulated capital, and

they will not tamely witness the perpetuation of an institution whose

strength can at any moment overthrow whatever State bank they may

mark for destruction. However paradoxical it may appear, I consider

the General Government strengthened by narrowing its jurisdiction; it

will produce disunion whenever they interfere with local concerns. The

habits, local interest, and passions of this country vary, and no one

is a competent judge of what will suit the feelings of the State out

of which he lives. But, sir, there are general principles in which

our feelings and interests are identified; there are subjects upon

which we may safely act, and trust to the co-operation of every man

and State in the Union. Does the bank affect the people locally? The

answer is obvious: it not only undertakes to fix the amount of capital,

but interferes with the rights of property most essentially--it may

change the fundamental principles of State law as to the liability of

property for debts, and the mode of recovering them. Let me caution

you against the renewal of the charter; it is pregnant with the most

baneful consequences to the tranquillity of the country. Is it not

better to sacrifice this golden calf upon the altar of concord, restore

confidence and harmony among individuals as well as States, and to

reunite the lovers of the constitution?

In the report of the Secretary of the Treasury, the convenience

of obtaining loans from the bank is mentioned as an inducement to

establish a National Bank. To me the abuse of this convenience is

more dreaded than any other evil which will follow from the measure.

Where have you seen a National Bank, connected with the Government,

which has not ultimately ruined the circulating medium of the nation?

It is a notorious fact that money has depreciated seriously, from

the unlimited circulation of paper, and if the Government should be

compelled, by necessity, to use the funds of the bank, they must permit

the increased circulation of its paper, although its money capital

remains stationary. In this situation the Government must tolerate

an operation which will increase the evil of which we complain. The

example of England is a salutary monition to us, and we ought to profit

from it. In that country there was a time when the stability of the

bank was a national phrase, "As good as the Bank of England." How is it

now? The funds of the bank have been borrowed by the Government--its

paper circulation increased, and Parliament has been compelled to make

it a tender for the payment of all contracts. Who, sir, can estimate

the complicated mischiefs of a depreciated paper currency, without

specie for its redemption? Should we be involved in war, or our

property seized abroad, nothing can present universal bankruptcy--one

wide-spread ruin will pervade the continent. At this time the country

is inundated with paper bottomed upon the whole floating and real

property of the community: should an alarm exist, can these funds be

converted into money to redeem its credit? Certainly not. Will it not

be prudent to diminish the extent of this evil by putting down this

bank which is the fountain from which the whole system flows? It is

of little importance, as it regards the internal trade of a country,

what constitutes the representation of property. Paper, iron, or any

thing else, which passes current, will answer every purpose of barter

and trade; but, in its commerce abroad, it is indispensable that the

circulating medium should be equally valuable and readily acknowledged

among all commercial nations; otherwise, all the operations of

commerce, carried on with money, will be abandoned or prosecuted under

disadvantages equal to the difference in the value of the currency at

home and abroad. In countries actively engaged in business, this branch

of trade is not only great in amount, but by far the most profitable.

How unwise, therefore, not only to substitute for the precious metals

paper currency, whose value is confined to the United States, but to

augment the quantity until it depreciates even among ourselves.

THURSDAY, January 17.

_Bank of the United States._

The House resolved itself into a Committee of the Whole on the bill for

renewing the charter of the Bank of the United States--the motion for

striking out the first section still under consideration.

Mr. FISK.--Mr. Chairman: I regret that we are called upon to vote

for or against striking out the first section of this bill, at this

time. I could have wished that, upon a bill of so much interest and

importance, we could have proceeded to have filled the blanks, and

made such amendments as would have obviated many objections which may

be urged against it in its present form. I am not prepared to give my

vote in favor of a renewal of the charter of the Bank of the United

States, either upon the terms upon which it was originally granted,

or in the manner contemplated by this bill; yet, upon conditions

less objectionable, I should feel myself bound to vote in favor of a

renewal. But the question presented upon this motion, is not upon what

terms this charter shall be renewed, but whether it shall be renewed

upon any terms, subject to any conditions Congress may impose.

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